Notice of Lodging of Consent Decree Pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act and the

Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, section

122(d)(2) of the Comprehensive Environmental Response, Compensation,

and Liability Act (``CERCLA''), 42 U.S.C. 9622(d)(2), and section

7003(d) of the Resource Conservation and Recovery Act (``RCRA''), 42

U.S.C. 6973(d), notice is hereby given that a proposed partial consent

decree in United States and Commonwealth of Pennsylvania v. Publicker

Industries Inc., et al., Civil Action No. 90-7984, was lodged on

December 28, 1995, with the United States District Court for the

Eastern District of Pennsylvania. The proposed partial consent decree

would settle an action brought under section 107(a) and 113(g)(2) of

the Comprehensive Environmental Response, Compensation, and Liability

Act, as amended (``CERCLA''), 42 U.S.C. 9607(a), 9613(g)(2), against

defendants, Publicker Industries Inc. and American Cryogas Industries,

Inc. (now called Sagrocry, Inc.) (collectively, ``the Settling

Defendants''), for recovery of response costs and natural resource

damages in connection with the Publicker Industries Superfund Site in

Philadelphia, Pennsylvania (``the Site''). The partial consent decree

also resolves the potential CERCLA liability of federal agencies that

were involved with the Site during World War II, and resolves

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the liability of the Settling Defendants to the Commonwealth of

Pennsylvania for response costs and natural resource damages in

connection with the Site. Under the terms of the partial consent

decree, the Settling Defendants will pay a total of $13.35 million,

plus interest, to the United States, and $1 million, plus interest, to

the Commonwealth. The United States, on behalf of the settling federal

agencies, will contribute $500,000 to the EPA Hazardous Substance

Superfund.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed partial consent decree. Comments should be addressed to the

Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, Washington, DC 20530, and should refer

to United States and Commonwealth of Pennsylvania v. Publicker

Industries Inc., et al., D.J. No. 90-11-3-689. In addition, pursuant to

Section 7003(d) of RCRA, 42 U.S.C. 6973(d), any member of the public

who desires a public meeting in the area affected by the proposed

partial consent decree in order to discuss the proposed partial consent

decree prior to its final entry by the court may request that such a

meeting be held. Any such request for a public meeting should be

submitted within fifteen (15) days from the date of this publication

and sent to the same address and bear the same reference as indicated

above for submission of comments.

The proposed partial consent decree may be examined at the office

of the United States Attorney for the Eastern District of Pennsylvania,

615 Chestnut Street, Suite 1250, Philadelphia, Pennsylvania 19106; the

Region III Office of the Environmental Protection Agency, 841 Chestnut

Building, Philadelphia, Pennsylvania 19107; and at the Consent Decree

Library, 1120 G Street, NW., 4th Floor, Washington, DC, 20005. A copy

of the proposed consent decree may be obtained in person or by mail

from the Consent Decree Library, 1120 G Street, NW., 4th Floor,

Washington, DC 20005. In requesting a copy, please enclose a check in

the amount of $22.00 (25 cents per page reproduction costs) payable to

the consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section, Environmental and Natural

Resources Division.

[FR Doc. 96-1044 Filed 1-23-96; 8:45 am]

BILLING CODE 4410-01-M